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Caught Speeding? Here are your options

Reports confirm that over the last few weeks, speeding offences have increased by 40%. If you have been caught, we have listed some of the options available to you...

Justin Wong

Reports confirm that over the last few weeks, speeding offences have increased by 40%. If you have been caught, we have listed some of the options available to you below.

Agree you were speeding?

If you agree with the offence, you have two options available to you:

  1. Pay the fine and automatically incur the demerit points, or
  2. Elect to take the infringement to court, plead guilty and seek leniency.

The second option allows you the opportunity to ask the court to not record a conviction. If you are successful, then you will not incur any demerit points, and you will not be required to pay the fine. However, if you are not successful, you will be formally convicted by the court and you also run the risk of having to pay a larger fine. Regardless of whether a conviction is recorded, you will be required to pay court fees.

If you are a provisional licence holder (P1 or P2), one speeding offence could result in you exceeding your demerit points. As a result, your licence will be suspended by the RMS. However, you can appeal this suspension, as outlined below.

Don’t agree you were speeding?

If you disagree with the offence, you have the option of writing to the SDRO to request that the infringement be reviewed.

However, generally you will be required to elect to take the infringement to court, and enter a plea of not guilty. Your matter will then be listed for a hearing on the earliest date available to the court.

Ultimately, a magistrate will decide whether you are guilty or not guilty of the offence. If found not guilty, the charge will be dismissed, and you will not be required to pay a fine or incur demerit points.

If you are found guilty, you will be then sentenced by the magistrate. As above, if no conviction is recorded, then you will not incur any demerit points.

Appealing a licence suspension?

If you are caught exceeding the speed limit by more than 45kms per hour, you will be issued an immediate licence suspension by police. Appealing this type of suspension is difficult, because the court requires you to establish why there are ‘exceptional circumstances’ to lift the suspension.

For other matters, such as exceeding the speed limit by more than 30kms per hour, or for P1 and P2 licence holders exceeding demerit points, you will be issued a suspension from the RMS.

If you wish to appeal this suspension, you must do so within 28 days of receiving the Notice of Suspension from the RMS. If you do not appeal the suspension in time, you will be required to serve the 3 month suspension as stipulated in the notice.

If you wish to discuss your speeding offence, Streeton Lawyers is available to provide advice. Call us on (02) 9025 9888 for a free initial consultation.

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